Pitcairn's Island  Notes  Source  Whalesite

Colonial Office minutes regarding reports
of murders by H.A. Christian
(Jan 20, 1898 to Feb 14, 1898)

Mr Cox.

This report is sent to us merely for the information of the S of S.", but §5 is virtually a request for instructions —

I have managed to find a copy of the Pitcairn Laws and Regulations — (See Appendix 2 of Admiral de Horsey's letter of the 17th Sept 1878). They make no provision for murder — on the other hand the magistrate is given jurisdiction in any case brought to his notice', i.e. a jurisdiction wider than the extent of the Laws & Reg— : he can also enact laws of his own authority. It follows therefore that the objection to trying & punishing the murderer is not so much a legal as a sentimental one (assuming of course that the Pitcairn code is legally valid) —

The man cannot be removed to Fiji for trial, as the Island is not within the limits of the W. Pacific Order in Council.

Mr Wilson

      Will you pass this onto Mr Cox. I do not know whether Pitcairn Isld has ever been formally^* delared part of HM's Dominions. If it has then it would be a Colony by settlement, and, presumably, and not be a place 'where the Admiral or Admirals have or pretend to have Power Authority or Jurisdn', so that we could not try this murderer under 46 GEO III Cap 54. The only offence hitherto known in Pitcairn Isld appears to have been fornication. The only thing to be done is for the Islanders to try him according to their constitution & if he is condemned to be hanged, the Admiral might allow the sentence to be carried out by the Commander of one of HM Ships.

Mr Cox

      The passages referred to by Mr Anderson in his marginal note above make it plain that Pitcairn island is a British Colony & formally admitted to be part of H.M.'s Dominions. The lawmaking power is (at all events was at the time of Admiral de Horsev's visit in 1878)

vested in the 'magistrate and chief ruler in subordination to HM the Queen of Great Britain', who administers his enactments with the advice and assistance of two Councillors. According to this desp., however, the Governing Body now consists of 5 persons of whom one Alfred Young is President.

      There is no law for murder; fornication, theft and profane language being the only crimes contemplated by the Island's code.

      Under these circumstances (as we could not try the murderer under 46 Geo III c 54 (or 57 Geo III c. 53) and it ? is scarcely practical to bring him to this country to stand his trial) should not the Chief Magistrate be directed to enact a penalty for murder, and then try the accused with the assistance of the other members of the Governing Body? Or if it is undesirable that this should be done, ex post facto; as the Magistrate has jurisdiction In any case bought to his notice', the trial might be carried out without any legislation (as the Islanders ? must be held bound by British Law after the date of settlement) and if Christian is sentenced to death, the execution might, as Mr Anderson, suggests be carried out on board one of HM Ships by the Commander? (If Mr Mahaffy were in the neighbourhood, he would know what to do!) As the case is probably unique, I am inclined to advise that it should be referred to the L.O.

Mr Wingfield,

This case should, I think go to the Law Officers. It is clear that under §9 of 24, 25 Vict c 100 this murder, having been committed on land out of the U.K. could be tried in England & therefore if the captain had brought both prisoner & witnesses into the Thames the case could have been disposed of at the Central Criminal Court. I very much doubt whether this is not the only course that can be

pursued. I certainly do not think that any ex post facto law should be passed to deal with the case. The Pitcairn islanders when they settled in this island in 1789 took with them the law of England and the law against murder existing at that time is, I apprehend, still in force there, it has not been affected by the subseqeunt English consolidation Acts of 9 Geo IV c 31 (1828), and 24, 25 V c 100 (1861) see Lord Blackburn's useful summary of the law on this point in Lauderdale Peerage case (L.R. 10 App Cas p 745.) The laws actually in force in Pitcairn island do not deal with murder, nor is there any court save that of the magistrate sitting alone a tribunal entirely unfitted to try this case. I do not think that we have any satisfactory copy of the Pitciarn laws, the appendix to 7639 gives one code, the book, which gives those earlier dates gives another. Neither copy of course has any authority legally, but we may assume that no law against murder or tribunal for trying such a case exists. Pitcairn Island is outside the limits of the Pacific Order in Council of 1893 (see §4(2) and I do not think we could give an ex post facto direction under that Order including Pitcairn island though it may be necessary to provide for future cases in this way. It is not possible to issue a commission under 46 Geo III c 54 or 57 Geo III c 53 because the former Act deals with places outside H M Dominions, & the latter with cases arising within the jurisdiction of the

Admiralty & this murder was committed on land within H M dominions (see p140 of the book).

      I am therefore of opinion that this case must be brought to trial, if at all, under the provision of §19 of 24, 25 V c 100, but that the case should go to the L 0 asking them

      (1)      Whether this procedure can be adopted.

      (2)      Whether, Pitcairn island is a British settlement, & if so whether the laws against murder in force when it was settled in 1789 apply in it & if so whether under that law & what specific provision of that law this murderer can be tried & whether before the magistrate or what other tribunal.

[Marginal Note: The second paragraph -appendix to 7639 seems to give some appellate jurisdiction to Captain of British Ship]

      (3)      Whether an order could be made under the British Settlements Act 1887 or under the Pacific Order in Council 1893 to provide for the trial of this case, & whether there is any objection to this course being taken ex post facto.

      (4)      Generally what course should be adopted to secure the punishment of this particular offence, & (? to provide for the punishment of these offences in future.)

[Marginal Note: I doubt asking this. The British Settlements Act — seem to apply]

[H.B. Cox]     
Feb 10 '98     

      We must consult L.O. as proposed.

I see no other way of trying the murderer than that of bringing him to England with the witnesses for trial at the Central Criminal Court.

[E. Wingfield] 14 Feb               

Answer as proposed          
[J. Chamberlain] 14/2

      Pagination of the original autograph has been maintained.

      Joseph Chamberlain (1836–1914) was an influential British
businessman, politician, and statesman. He was Secretary of State for the Colonies, June 1895 to September 1903.

      Harry Albert Christian was born on Pitcairn Island on Mar. 11, 1872, one of 12 children of Alphonso Downs Christian and Sarah McCoy. In the early 1890s a relationship developed between Harry and Julia Warren. A daughter, Eleanor Linda Warren, was born to the couple on Aug. 14, 1895. Some time later Harry's attentions turned to another woman. On Jun. 17, 1897, Harry killed Julia and the child and threw their bodies into the sea. Though the bodies were never found, the crimes were found out, and Harry admitted to them. Harry was tried on Pitcairn and found guilty of murder. He was taken on H.M.S. Royalist to Suva, Fiji. There, on October 8, 1898, in the Suva gaol, he was hanged for the murders.
Source: Pitcairn Islands Study Center "Who Are the Pitcairners?"

      H. Bertram Cox was Assistant Under-Secretary of State for the Colonies. He was recognized as a 'legal expert'.

      Sir Edward Wingfield KCB (1834–1910), was a British barrister and civil
servant who held the position of Permanent Under-Secretary of State for the Colonies from 1897 to 1900.

Document no. 100. Jan 20, 1898 to Feb 14, 1898. "Colonial Office minutes regarding reports of murders by H.A. Christian". Pages 1618-1629.

Pitcairn's Island  Notes  Source  Whalesite